A central repository for information regarding the case against Lt. Commander Wayne Fincher of the Arkansas Militia of Washington County and liberty's case against the United States government. Arrested November 8, 2006 for no crime other than possession of arms the government doesn't like.

Monday, April 23, 2007

Sentencing Set In Machine Gun Case

FAYETTEVILLE -- A sentencing date has been set for a Washington County militia leader convicted in federal court of having three illegal machine guns.

Sentencing is set for 10 a.m. June 22 in U.S. District Court in Fayetteville before Judge Jimm Larry Hendren.

Fincher faces up to 20 years in federal prison.

In March, Fincher essentially fired his attorney, Oscar Stilley, and was appointed an attorney by the court, Shannon Lea Blatt.

Fincher had two .308-caliber machine guns, homemade versions of the Browning model 1919. The other firearms were 9 mm STEN design submachine guns and a shotgun.

Fincher never denied he had the guns.

The defense tried to make a case of the Constitution versus gun laws; the government kept the case more simple, arguing Fincher had the machine guns and they weren't registered as required by federal law.

After the trial, Hendren refused to throw the conviction out after Fincher challenged the court's jurisdiction and the Grand Jury indictment against him.

Hendren said his court has jurisdiction to hear any case arising from federal law within the Western District of Arkansas. Hendren said the indictment was legally sufficient because it contained all of the essential elements of the offense charged, in this case that Fincher knowingly possessed a machine gun.

Hendren said the government was not required to put on evidence of any connection with interstate commerce in the case.

Fincher didn't testify before the jury. The judge ruled after hearing testimony, with the jury out of the room, that Fincher's proposed testimony was inadmissible because it was aimed at challenging the legality of federal gun laws, not whether Fincher had illegal, unregistered firearms in his possession.